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HCCC 143/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 143 OF 2013
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HKSAR |
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Chan Ka-lok |
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| Date: |
10 June 2013 at 9.59 am |
| Present: |
Mr Cheng Sin-tsing, Lenny, PP of the Department of Justice, for HKSAR |
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Ms Lee, Cindy Shin-man, instructed by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Before a magistrate, the defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 45.46 grammes of cocaine by pure narcotic content. He appears before me for sentence.
The facts of the case were simple. The defendant was driving a taxi and was getting out from it when the police stopped and searched and found, from the bag he was holding, the drug in question. Under caution, the defendant admitted that he was on his way to selling that drug for a friend, for money to settle his gambling debts.
The defendant is aged 31. He was born on the mainland. He left school after form 1, in Hong Kong. At the time of the offence, he was a taxi driver, divorced and living with his parents. He had no previous conviction.
In mitigation, counsel confirmed that the defendant had gambling debts. She also informed the court that the defendant’s father was suffering from throat cancer. In short, it was down to financial pressure that the defendant committed the present offence.
Given the quantity of the drug involved, I will adopt a starting point of 7½ years. The guilty plea will take it down by one-third to 5 years.
Beyond that, there is, in my view, no real mitigating factor and that is the sentence I pass on the defendant, 5 years.
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